Social Media – Terms of Use

Due to the widespread use of social media by our stakeholders and customers for news and communication, the Brazos River Authority (“BRA”) has established dedicated social media accounts. These platforms help us to disseminate information about our initiatives and share pertinent details related to the Brazos River Basin with the public.

BRA has an important interest in assuring the accuracy and consistency of information associated with our social media sites. We also respect the First Amendment to the U.S. Constitution and the constitutional right to freedom of speech.

These terms of use establish guidelines for the public’s use of BRA social media sites.

Content - means any digital content, information, links, images, videos, or any other form of communicative content posted in reply or response to a social media account operated by BRA.

User - means a member of the public who views or interacts with one or more of BRA’s official social media accounts

1. By visiting any social media account operated by the BRA, Users agree to abide by the terms set forth below and must abide by applicable state and federal laws, including copyright and defamation laws, as well as the terms of service, terms of use, privacy policies, and other requirements of any social media platforms used.
2. These terms and conditions apply to all official BRA social media accounts. Where possible, a link to these terms and conditions will be made available via hyperlink or posted as text somewhere on BRA social media account(s).
3. Users understand and acknowledge that social media posts BRA makes, comments to those posts, and any direct or private messages sent to BRA may be seen by the public, and are considered public information, which is subject to the provisions of the Texas Public Information Act. Users participate at their own risk and are responsible for their comments, photos, and any other Content posted on BRA social media sites. Please note that other participants may use posted Content beyond the control of BRA, and Users should ensure permission has been granted for submitted Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on the social media sites.
4. The BRA’s social media pages are housed on third party sites that have terms of service and policies that are not governed by the BRA or the State of Texas. These third-party sites are not the official Brazos River Authority website, and the BRA is not liable for content posted by any User in any forum, message board, or other social media resource on these third-party sites. The views expressed on these third-party sites reflect those of the author and do not reflect the official views of the BRA or the State of Texas. Links to content or other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. BRA is not responsible for the content of those external web sites.
5. The BRA’s social media accounts are not monitored 24/7 and no one should utilize BRA social media accounts to seek emergency services.
6. The BRA does not guarantee that it will respond to comments or messages received on its social media accounts.
7. Please be aware that some photos and other Content posted on BRA social media sites are subject to copyright laws. If you would like to use or save an image, please contact the BRA prior to download at information@brazos.org to determine if the photo is copyrighted.

1. Limited Public Forum. BRA social media accounts are created and maintained as limited public forums under the federal caselaw pertaining to the First Amendment to the U.S Constitution. The BRA invites members of the public to view and, where possible, provide comments or other engagement on BRA social media accounts. However, the law permits the BRA to hide and/or delete comments that are not protected speech under the First Amendment and relevant caselaw. The BRA will not hide and/or delete comments solely because such comments are critical of BRA or its officials or employees. Content moderation on BRA social media accounts is governed and enforced according to this document and the terms and conditions contained herein.

2. Prohibited Content. Relevant First Amendment caselaw permits the BRA to hide or delete certain comments on our social media accounts. BRA does not discriminate against any views, but BRA reserves the discretion to hide, delete, or not allow the following:

   • Content containing profanity or obscenity;
   • Content that contains personal attacks;
   • Content containing defamatory, libelous, or slanderous statements;
   • Content that promotes, suggests, or is likely to incite violence or illegal activity;
   • Content that is harassing or threating as defined by local, state, or federal law;
   • Content that promotes, fosters, or perpetuates discrimination on the basis of race, age, religion, gender, national origin, disability, sexual orientation, veteran status, or any other legally protected class;
   • Advertisements or promotions for commercial product or service, entity, or individual.
   • Content that violates the intellectual property interest of the BRA or any third party (i.e., in violation of federal or state copyright or trademark laws);
   • Content that contains personal identification information or sensitive personal information;
   • Information that reasonably could compromise individual or public safety;
   • Content that promotes, disparages, or endorses political campaigns, political parties, or political candidates running for office;
   • Repetitive and/or duplicative Content posted repeatedly within a short period of time by a single user or copied and pasted by multiple users;
   • Content that is unrelated to the purpose and scope of BRA’s Content or is otherwise off-topic;
   • Content that contains a link to any website other than those controlled by BRA. This will be done without regard to the viewpoint of the comment containing such a link or the content of the site to which the link redirects.

3. Retention. When Content containing any of the issues listed in Section 2 is posted to BRA social media account(s), a copy or electronic record of that content may be retained or archived pursuant to BRA’s records retention policy. Once documented, the Content may be removed, where possible, from BRA social media accounts.

4. Right of Appeal for Deleted Content. If BRA staff hides or deletes a User’s Content pursuant to these terms and conditions, that User has the right to appeal that decision to BRA’s General Manager by sending an email to socialMediaAppeals@brazos.org within seven business days of BRA’s action.

   Upon receipt of an appeal, BRA will determine whether the comment at issue contained Content protected by the First Amendment. If the appeal is successful, the comment may (if possible) be restored for public view, or the User may be permitted to repost the comment. Upon a determination that the comment was not protected by the First Amendment, the User will be notified that the appeal was denied. The return correspondence, sent within a reasonable amount of time, will provide the User with a legal explanation for the action taken.

5. Blocking or Banning a User. If BRA determines that a User has violated these terms and conditions on three or more occasions within a twelve-month rolling period, BRA may block or ban the offending User from the social media account where the violations occurred. If BRA blocks or bans a User, that User has the right to appeal that decision to BRA’s General Manager by sending an email to socialMediaAppeals@brazos.org within seven business days of BRA’s action. If the appeal is successful and the User has not violated this policy three times within a rolling 12-month period, BRA will unblock or unban the User from the social media account. If the appeal is not successful, BRA’s decision will stand.